The Family Smoking Prevention and Tobacco Control Act, is a United States federal law that gives the Food and Drug Administration the power to regulate the tobacco industry. One element of the law imposes new warnings and labels on tobacco packaging, with the goal of discouraging minors and young adults from smoking.

Reception

Passage of the law was supported by the American Cancer Society, whose CEO noted in a press release that "[t]his bill forces Big Tobacco to disclose the poisons in its products and has the power to finally break the dangerous chain of addiction for generations to come." The ACS press release also noted that the legislation would "require cigarette companies to disclose all ingredients used in cigarettes and to stop using words like 'light' and 'ultra-light' to give the impression that some tobacco products have a lower health risk." The legislation also garnered support from the American Heart Association, whose CEO noted that the bill "provides a tremendous opportunity to finally hold tobacco companies accountable and restrict efforts to addict more children and adults."

The law was criticized by some as ineffectual, with community health sciences professor Michael Siegel stating that it "creates the appearance of regulation without allowing actual regulation." Critics argue that without the authority to eliminate nicotine completely, the reduction of nicotine levels in cigarettes may result in compensation by existing smokers, increasing their cigarette smoke inhalation to consume a level of nicotine which will satisfy their cravings. In addition, marketing restrictions enacted by the bill make it more difficult to promote safer smokeless alternatives to cigarettes (though there is no consensus that smokeless tobacco products are, in fact, safer). The restrictions have been disputed on the grounds of free speech, with various claims that the legislation violates the First Amendment to the United States Constitution.

The bill bans flavored cigarettes, including cloves, cinnamon, candy, and fruit flavors, with a special exception for menthol cigarettes. Because the exception helps the largest maker of menthols, Phillip Morris, and eliminates potential competition, the bill has been nicknamed the Marlboro Monopoly act of 2009. Philip Morris strongly supports FDA regulation. The exemption was reportedly influenced by the Congressional Black Caucus. The Tobacco Products Scientific Advisory Committee provisioned under the bill is to submit a recommendation on menthol cigarettes to the United States Secretary of Health and Human Services no later than one year after its establishment.

Background

On March 21, 2000, the Supreme Court in FDA v. Brown & Williamson Tobacco Corp. held that based on their reading of the Federal Food, Drug, and Cosmetic Act, particularly when considering "Congress’ subsequent tobacco-specific legislation," that Congress had not given the FDA the authority to regulate tobacco products as customarily marketed. Thus the Family Smoking Prevention and Tobacco Control Act was introduced to respond to the decision, which had held that the Clinton administration's FDA had "overreached" its Congressionally delegated authority, thus giving the FDA the authority the Court determined it had lacked.

Legislative history

The bill passed the United States House of Representatives on April 2, 2009, by a vote of 298 to 112. The House bill had 178 cosponsors and the companion legislation in the Senate, had 57 cosponsors. On May 20, 2009, the Senate Committee on Health, Education, Labor, and Pensions ordered the Senate bill to be reported favorably with amendments on a 15-8 vote.

Capitol Hill newspaper The Hill reported on May 25, 2009, that Senate Majority Leader Reid plans to move on the bill during the month of June 2009; however it noted that Senators Burr and Hagan of North Carolina were proposing alternative legislation.

On June 2, the Senate voted 84-11 to proceed to consideration of the House bill. On June 8, the Senate voted 61-30 on cloture on amendments to the Senate bill. The "Senate bill requires that cigarette health warning labels be large enough to make up 50 percent of the front and rear panels of the package and that the word “warning” appear in capital letters."On June 11, the Senate passed H.R. 1256 by a vote of 79-17, with 3 Senators not voting. Passage of the legislation came a week later than was originally scheduled. The Senate's version of the bill was approved by the House on June 12, by a bipartisan vote of 307-97.

Media accounts noted that the opposition in the Senate was largely from tobacco farming states, particularly Kentucky, North Carolina, South Carolina and Georgia, with the only Democrat in opposition being Kay Hagan, from North Carolina. Notable exceptions were Virginia Senators Jim Webb and Mark Warner who supported the measure, despite the state's connection to the tobacco industry.

The Family Smoking Prevention and Tobacco Control Act was signed into law on June 22, 2009 by President Barack Obama.

Provisions

• Creates a tobacco control center within the FDA and gives the FDA authority to regulate the content, marketing and sale of tobacco products.
• Requires tobacco companies and importers to reveal all product ingredients and seek FDA approval for any new tobacco products.
• Allows the FDA to change tobacco product content.
  • The ban on flavoring applies to any product meeting the definition of a "cigarette" according to section 3(1) of the Federal Cigarette Labeling and Advertising Act. This includes any tobacco that comes rolled such as cigarettes and cigars, and added to this definition in the Family Smoking Prevention and Tobacco Control Act is any tobacco with the purpose to be rolled such as rolling tobacco.
• Calls for new rules to prevent sales except through direct, face-to-face exchanges between a retailer and a consumer.
• Limits advertising that could attract young smokers.
• Requires cigarette warning labels to cover 50 percent of the front and rear of each pack, with the word warning in capital letters.
• Requires FDA approval for the use of expressions such as "light, "mild" or "low" that give the impression that a particular tobacco product poses less of a health risk.

The bill makes no provisions that ban the import of the banned items for personal consumption, only for "sale or distribution".

See also

• Tobacco Products Scientific Advisory Committee of the FDA

References

1. ACS :: House Votes to Grant FDA Control of Tobacco Regulation
2. No smoking: Historic vote could bring new limits - Yahoo! News
3. FDA V. BROWN & WILLIAMSON TOBACCO CORP.
4. TheHill.com - Tobacco bill clears Senate by wide margin
5. Final Vote Results for Roll Call 187
6. [1]
7. [2]
8. Senate vote a sea change for tobacco - David Rogers - POLITICO.com
9. U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote: 207
10. Senate Clears Tobacco Regulation Bill - Roll Call
11. Final Vote Results for Roll Call 335
12. CNN Political Ticker: All politics, all the time Blog Archive - Senate passes bill increasing FDA power to regulate tobacco
13. [3]

External links

• Tobacco Bill to Drag Into Next Week - Roll Call
• Senate vote a sea change for tobacco - David Rogers - POLITICO.com
• Up in Smoke: How the Tobacco Industry Shaped the New Smoking Bill - video report by Democracy Now!